ML20212N732
| ML20212N732 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/05/1987 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2745 OL, NUDOCS 8703130135 | |
| Download: ML20212N732 (6) | |
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DOCHETED USNRC UNITED STATES OF AMERICA
[
D NUCLEAR REGULATORY COMMISSION OFFICE F SKc JM v 00CMETihG A SEtuic!.
before the BRANCH ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
)
(Seabrook Station, Units 1 and 2)
)
(Offsite Emergency Planning
)
Issues)
)
)
APPLICANTS' ANSWER TO INTERVENORS' JOINT MOTION TO EXTEND IIEARING SCIIEDULE AND TOWN OF AMESBURY'S MOTION TO EXTEND llEARING SCilBDULE finder date of February 25, 1987, the Town of flampton
( Toli ) on behalf of itself and Seacoast Anti-Pollution League (SAPL), New England Coalition on Nuclear Pollution (NECNP),
and The Commonwealth of Massachusetts (Mass.) filed Intervenors' Joint Motion to Extend Hearing Schedule.
Under date of February 27, 1987 the Town of Amesbury filed a similar motion arI adopted the rationale put forth in the original Joint Motion as the basis for its motion.
The relief sought is a rescheduling of the hearings on the New flampshire Radiological Emergency Response Plan ( NilRERP ).
The basis for 0703130135 B70305 PDR ADOCK 00000443 O
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the' request'is that the movants'need additional time:to prepare to engage in the-litigation of contentions arising out of the KLD Evacuation Time Estimate (ETE) included in the NHRERP.
For the reasons set.forth,below the Applicants urge that the motion be denied.
The theory behind the Joint Motion is that until the movants knew on, February 18, 1987, that this Board was going to admit-the contentions concerning the KLD ETE, they had no-reason to do any preparation.
Furthermore they urge that it
~
would be unfair to require them to invest their supposedly limited. resources in engaging experts and taking other steps to litigate until they were sure that the contentions were to be litigated.
.In short, the position of the Joint Movants is that although they have had the KLD ETE since last fall, they had no obligation to undertake any preparation or spend any money until the contentions were actually admitted.
The Applicants readily concede that the question of scheduling is ultimately committed to the sound discretion of the Licensing Board.
However the paramount interest in scheduling is the public interest.
Seabrook is ready to run.
The only issues remaining to be litigated in licensing are the emergency planning issues.
It is true that The Commonwealth of Massachusetts (one of the joint movants and one as to which the claim of limited resource rings hollow) is 2
i
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attempting to block' operation by refusing to engage.in emergency planning.
But there;are pending before the this Board a Petition, and before the Commission a Rulemaking
- Proceeding, that could well obviate that problem.
In the event that problem is obviated, the NHRERP hearings become the critical path.
In these circumstances we submit that the tactical and economic decision of the Joint Movants to do no preparation until_the Board actually ruled on the contentions should not be permitted to delay these hearings.
Respectfully submitted, j
JF 11
/~
( M / L *> m" Thomas G. % an, Jr.
R. K. Gad FII Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 counsel for Applicants 3
o r I
+
a 00CMUE0 USNRC CERTIFICATE OF SERVICE e yg -9 P2.g3 I,
Thomas G. Dignan, Jr.,
one of the atWrneys for the~
Applicants herein, hereby certify that on March,5,cye,9pt]meGL 198 pn tI made service of~the within document by depoq$td thereof with Federal Express, prepaid, for dM@U ggyR26 (or, where indicated, by depositing in the United States mail, first-class postage paid, addressed to):
Administrative Judge Helen Hoyt, Robert Carrigg, Chairman.
Chairperson, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office
-U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A. Linenberger, Jr.
Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr.-Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814
- Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555
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Philip Ahrens,-Esquire l Mr. J.P. Nadeau
~ Assistant Attorney General-Selectmen'.s Office Department of the Attorney' 10 Central Road General
-Rye,-NH 03870 Augusta, ME 04333 Paul ~McEachern, Esquire
_ Carol S.
Sneider,. Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines'& McEachern Department of the Attorney' General 25 Maplewood Avenue One Ashburton Place, 19th Floor-P.O. Box 360
-Boston, MA 02108
.1ortsmouth,.NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of: Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate-Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews one' Eagle Square, Suite 507 Mayor-Concord, NH. 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA' 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 e
2 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker,.
442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913
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Th6maa~G.4Dignan, Jr.
(*= Ordinary U.S.
First Class Mail.)
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